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Apple using lawsuits instead of 'competing fairly,' says HTC

updated 01:20 pm EDT, Tue July 12, 2011

by MacNN Staff

Phone maker responds to attempted product ban

Apple is resorting to "constant attempts at litigations instead of competing fairly in the market," according to HTC general counsel Grace Lei, quoted by AFP. "HTC strongly denies all infringement claims raised by Apple in the past and present and reiterates our determination and commitment to protect our intellectual property rights," a statement from Lei concludes. The quote comes in response to a new International Trade Commission complaint Apple filed on Monday.

If successful, the complaint could theoretically see HTC products banned from sale. Such bans are rarely imposed on major corporations though, and Apple faces a potential ban on iPhone and iPad sales as a result of an earlier complaint by HTC. A more likely outcome is a lesser ruling or a settlement between the two parties.

Apple's interest in pursuing lawsuits against HTC and Samsung is thought to be related to stemming the tide of Google's Android platform. While iOS devices continue to be extremely successful, Android has become almost de facto for other phone and tablet makers. Google has already overtaken Apple in some metrics, and others may follow.

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in all these lawsuits is the consumer. We pay all the legal fees (you don't think corporations just take these expenses out of THEIR profits) and, in the end, the manufacturers are most often just made to shake hands and play nice ... which they could have been doing all along.

HTC is just a hard working company making great products that sell well. TomSawyer is correct. All these frivolous lawsuits do is drive up the price for the end user. Apple should compete in the marketplace and make products people want. Not compete in the courtroom.

If you can't innovate, litigate. At least that's what I hear from the Apple fans here.

Does anybody remembers how smart phones were before the iphone? and after the iphone, every single phone is like the iphone.
Isn't fear that apple spend million on developing the iphone just so this HTC guy just copy and sell it as if they invented something. Sue them apple.

If company A invests millions of dollars in R&D and either improves or creates new technology, then Company A has a right to protect their intellectual property against all other companies through litigation. TomSawyer has NO point. The consumer isn't getting screwed here by Apple. If Apple feels infringed, they have a right to file a claim. If it's found that Company B has violated that claim, then they must make restitution. Tell me the last time you saw Apple raise the price on it's products? It doesn't!!! In fact, it lowers them over time and releases new ones at the same or lesser price points so Apple isn't s******* consumers here. The save their cash (the street calls it hoarding) and use it wisely.

You might not like Apple's price points but you don't have to buy their stuff either. Now if Company B's products get more expensive, then you should blame them for knowingly violating a patent(s), suckering/hooking you into purchasing their products, and then leaving you out to dry because of their poor business acumen. Don't blame Apple because the rest of the tech world can't build a better mouse trap. That's the problem with you "free thinking, open source" mental heads. You didn't create it, it doesn't belong to you!

Once Apple looks over the patents it won from Nortel Android will be on borrowed time. IOS 5 is coming and new iPhones which will even up the field quite a bit. Android is also having quality issues and lots of software issues including malware and viruses. Sound familiar? Windows anyone.

I wasn't directly bashing either company in this case (although I tend to side with Apple's arguments). Few companies are ever "lily-white" when it comes to infringement, but my point was regarding economic impact on the consumer. Companies don't RAISE their prices as a reaction to a lawsuit...they set their prices out the door assuming they will have legal expenses. The cost is already factored in. If they have a product they don't get sued over they just have higher profit margins. Its a shame, but if a company doesn't price their goods as such and hire a boat-load of lawyers to perpetuate this process it is begging to be put out of business by the first troll or wily competitor to come along.

... the argument that Apple sues rather than innovates is pretty rich. Apple does sue sometimes, but nowhere near as often as other tech giants *coughMICROSOFTcoughSAMSUNGcough* and not generally for the same reasons.

I'm not giving Apple a total pass, but it is helpful to bear in mind that US Trademark and Patent law *REQUIRES* companies to maintain a "vigorous" defense of their marks, copyrights and patents at all times or risk losing their exclusivity. Look up the case history of Domino's Sugar v. Domino's Pizza to see a perfect example of this (which also explains much of Apple's position on the whole "App Store" thing).

... the argument that Apple sues rather than innovates is pretty spot on. Apple does sue a lot compared to other tech giants *coughMICROSOFTcoughSAMSUNGcough* and not generally for the same reasons.
In fact it sues on the most absurd and generic things.

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